home Deposits Termination of the MTPL policy agreement. How to properly terminate an insurance contract. For the termination procedure it is necessary

Termination of the MTPL policy agreement. How to properly terminate an insurance contract. For the termination procedure it is necessary

The MTPL policy is included in the list of mandatory documents for drivers; without it, you cannot operate a car. But there are situations when the need for insurance disappears, then motorists wonder how to terminate compulsory motor liability insurance and return the money.

Reasons for canceling a policy

Clause 4 of Article 10 of the Law on Compulsory Motor Liability Insurance No. 40-FZ says that clients of insurance organizations can receive part of the money for an insurance policy back.

This can be done under certain conditions:

The insurer faces loss of license. If an organization does not pass licensing, its policies become invalid. Therefore, it is better for the motorist to quickly terminate the contract before the company goes bankrupt. Citizens have every right to compensation, but it is impossible to claim them from a bankrupt person.
Selling a vehicle. The previous owner cannot transfer the MTPL along with the car, therefore, after signing all the documents, the policy becomes invalid for the new owner. A citizen can contact the insurance company and.

Important! The amount of the refund directly depends on the time of contacting the insurance company, since the unused period is calculated from the moment of visiting the office, and not the sale of the car.

A car cannot be restored after an accident. “Auto Citizen” is necessary in order to cover the costs of repairing the vehicle, but if it is not suitable for repair and further operation, then the contract can be canceled - after all, in fact, the insured car no longer exists.
Death of a car owner. An insurance policy is issued for a specific person and a specific car; If the owner dies, the contract becomes void. Relatives of the deceased can come to the insurer to get a refund for the unused period.

Who can receive compensation

According to the law, termination of compulsory motor liability insurance can be carried out by certain people specified in paragraph 34 of the standard contract, and they also receive compensation:

owner of the vehicle;
the person specified in the contract, provided that this is the owner of the car;
an authorized representative who has a power of attorney certified by a notary from the owner of the vehicle;
legal heirs of the owner.

Required documents and deadlines

If a motorist wishes to personally terminate the contract with the insurance company, based on legitimate reasons, then it is better to do this as quickly as possible. The sooner you contact the office, the greater the amount for the unused period. If the owner died, then relatives can apply for compensation at any convenient time, since the period is counted from the date of death.

Before you go to the insurance company, you need to find out what documents are needed to terminate compulsory motor liability insurance. According to Federal Law No. 40 “On Compulsory Motor Liability Insurance”, a citizen must provide:

a valid insurance policy along with a receipt for its payment;
owner's identification card and its copy;
certificate of sale of the car;
a copy of the registration certificate of the sold car;
paper on deregistration of the vehicle if it is subject to disposal;
death certificate of the owner.

Important! The first two documents are needed in any case, and all the others are presented if they are available.

Amount of compensation and timing of its receipt

Of course, all insured citizens are interested in how much money is returned upon termination of the MTPL contract. You can calculate the amount of compensation before going to the insurer; there is a special formula for this:

(Initial cost of the policy x 20%) - (unused months/12).

Please note that this calculation system applies even if any insurance payments have already been made.

If the policyholder’s request is truly justified from the point of view of law, then the company promptly satisfies his request. A fairly common practice: money is given to the car owner immediately after all necessary papers are provided. If the insurance company uses non-cash payment, you will be asked to leave an account number to which the required amount will be credited within two weeks.

If the application for termination of the MTPL agreement is not accepted or the two-week period has passed, then. As a rule, the causes of delays are technical failures and human factors. Unscrupulous insurers may try to extend the terms of payment of the penalty or refuse to issue it altogether, then the victim has only one option - to go to court.

When is it better to refuse to cancel a contract?

Sometimes early termination of a compulsory motor liability insurance contract at the initiative of the policyholder is impractical. The insurance company offers a good discount on the next policy if the driver was not involved in an accident.

For example, a motorist decides to sell his vehicle and buy a new car; if the insurance expires soon, then it is much more profitable to receive bonuses for a new policy than to cancel the old document.

Insurance company commission

The insurance policy tariff also includes a 23% agent commission for concluding a transaction. Dishonest insurance organizations try to deduct this amount from compensation when canceling the contract.

Such actions are considered unlawful because the laws do not provide for any percentage deductions. A citizen can write a statement of claim and with a 100% probability of winning the case.

Important points

Many drivers are outraged that they cannot cancel their MTPL insurance for reasons not specified in the contract. After all, there are situations when a person temporarily stops driving, is not happy with the insurance company, or the car simply breaks down. The rules for concluding a car insurance contract allow for the cancellation of a transaction for reasons not specified in regulations. But most motorists do not pay attention to this, so it is possible to break a deal with an insurer for personal reasons, but you need to be persistent and know your rights.
Another controversial point is the requirement of the insurance company to present a title with a note about the new owner. No one can force the owner to show this document; the main thing is to have confirmation of the purchase and sale transaction. By its actions, the insurer is simply trying to verify the authenticity of the sale of the car, because some people, in order to terminate compulsory motor liability insurance, register a fictitious sale of the vehicle, but in reality it remains with the previous owner.
Currently, advanced motorists are interested in how to terminate an OSAGO contract online. Unfortunately, insurance companies do not provide such a service, so to cancel even an electronic policy, you must personally contact the office, taking with you all the necessary documents.

Cancellation of compulsory motor liability insurance is not always a simple procedure; there are several points in the law that can be understood in two ways and can be turned to the benefit of both the insurance company and the client.

Legal proceedings are most often won by motorists, but many do not want to bother so much because of the small final payments.

An article about how the MTPL agreement is terminated, the necessary procedures and documents. At the end of the article there is a video about how to return money for compulsory motor insurance.

The content of the article:

Every vehicle owner is required to have an MTPL policy, but sometimes situations arise when a contract with an insurance company needs to be terminated early. In this case, you should know the main nuances that will greatly facilitate the termination procedure, help save time and money, and also prevent the insurer from taking advantage of the car insurer’s naivety to its advantage.

Termination of compulsory motor liability insurance, reasons and features

In theory, you can break off relations with an insurance company (IC) at any time and without any particular reason. However, in practice, this rarely happens, since canceling an agreement without a good reason is not only difficult, but also not profitable.

Taking into account legal norms, the reason for termination of compulsory motor liability insurance may be:

death of the owner of the vehicle;
loss of vehicle (due to disposal, serious accident, theft);
sale of vehicles;
revocation of the insurance company's license;
other reasons.

Death of the owner

In the event of the death of the car owner, the contract with the insurance company is canceled automatically from the date of death. The heir only must notify the company about the incident and provide the appropriate package of documents. You should have with you an identity document and papers confirming your right to inherit. If there are several heirs, the money for the unused period of time will be divided equally among all.

The payment itself will be made after the relatives or persons specified in the will enter into inheritance, that is, 6 months after the death of the owner. Although the application to the Investigative Committee should be submitted earlier.

Auto repair

If the car was disposed of for any reason (for example, due to an accident), or stolen, then the compulsory motor liability insurance policy ceases to be valid on the date of the incident. In this case, you must provide the insurance company with documents confirming the fact that the vehicle has been eliminated (theft).

Selling a car

If the car has been sold, the termination rules change slightly.
It is important to remember: the MTPL agreement will be considered invalid from the moment the application is submitted to the insurance company, and not from the moment the purchase and sale agreement is concluded. That is, if you contact the insurer with a statement two months after the transaction has been completed, then the money for these two months will not be returned to you.

To terminate the insurance, you must present to the insurer, complete with the main set of documents, a photocopy of the purchase and sale agreement. However, some companies also require a copy of the title with the new owner's name on it. In fact, this requirement is unlawful and the car owner is not required to present a title. Although the insurance company’s desire to review it is justified, some overly savvy policyholders are trying to break off relations with the company by presenting fictitious sales contracts. That is, the contract has been drawn up, but the car has not been sold.

Other reasons

The three above reasons for terminating an insurance contract are considered valid. Companies rarely resist terminating the relationship in these cases and return money for unused policy time.

If the owner needs to interrupt the insurance for some other reason (preservation of the car for a long business trip, winter period, desire to change the insurance company, etc.), then the insurer may refuse to cancel the contract. And even more so, he will not return the remaining money.

In this case, the motorist will have to file a lawsuit and, most likely, he will win the case. However, is the time, effort and money spent on litigation worth it? Most likely no. That is why MTPL contracts are extremely rarely terminated for “disrespectful” reasons.

Selling a car by proxy

In this case, there is no need to terminate the agreement, since the owner remains the same. It is enough just to enter the name of the new co-owner into the policy.

Revocation of a license from an insurance company

As well as its liquidation, bankruptcy or illegal activities. This is also a valid reason for breaking up a relationship. In theory. In practice, it is hardly possible to recover funds for unused insurance time from a bankrupt or illegally operating company. Unless the license is temporarily revoked.

In any case, you should submit an application for termination to such an insurance company as quickly as possible. Sometimes it is possible to return at least part of the money.

Documents for cancellation of compulsory motor liability insurance

Typically, a standard set of documents is required to be presented to the insurance company, but sometimes it changes depending on the requirements of a particular company. Therefore, first of all, you should find out what exactly is needed in a given situation. To do this, you can go or call the insurance company to clarify the list of required papers.

Required documents for early cancellation of the agreement

OSAGO insurance policy.
Identification document of the policyholder and the owner of the car (if these are different people).
When the procedure is carried out through a proxy, a document certifying the identity of the policyholder's proxy and a notarized power of attorney are required.
A receipt confirming payment made by the policyholder.
Application requesting cancellation of insurance.

Depending on the reason for termination, other documents are added to the main package of papers.

In case of death of the owner:

death certificate;
documents confirming the right to inheritance.

In case of selling a car:

contract of sale;

In case of loss of a vehicle:

certificate of deregistration of the vehicle with the traffic police;
a document confirming the fact of disposal of the car or its theft. In the event of an accident after which the car is unfit for use, instead of a disposal certificate, you can provide a copy of the conclusion of the expert technical commission, which is issued by the traffic police.

You also need a photocopy of your savings book in case the insurance company does not make payments in cash, but only by bank transfer to the account.

A copy should be made of each document. The only originals the insurer should have are your application and insurance policy. Possibly payment receipts. However, you should have copies of these documents in case a dispute arises with the insurance company. All other documents are replaced with copies if the insurer decides to study them more seriously.

Submitting an application and refund

An application for termination of compulsory insurance is submitted to the insurance company where the contract was concluded. All necessary documents are attached to it.

It is important to remember: the insurance policy is considered canceled on the date of submission of the application, and not its review and approval.

Usually the insurer has no claims and even returns the money on the day the application is submitted. If the company practices cash payments. In the case where the money is returned via bank transfer, the transaction must be completed within 14 days.

How much money will be returned?

In case of early termination of compulsory motor liability insurance, the entire amount for the unused period of time is returned with a deduction of 23%. 20% goes to “production costs” - documentation, office maintenance, employee salaries, etc. 3% goes to the development of the Insurers Association. And 77% - for compensation of damage caused by policyholders in the event of an accident. And in our case, 77% is returned to the owner for the remaining period.

It is curious that the deduction of this 23% upon early termination is not stipulated anywhere. That is, if at the time of termination there are 5 months left until the end of the policy, then for these 5 months the policyholder must be returned 100% of the money paid. However, insurance companies often assure clients that they have every right to deduct costs. If the policyholder files a lawsuit, he will most likely win his 23%. But how many people will want to spend time, effort and money for such a “trifle”? Apparently this is what insurers are betting on.

The company is also obliged to return all funds for the unused period of the policy if there were insurance payments during the period of its validity. Some insurers deduct the amount of the payment from the funds to be returned, but such actions have no legal basis. They are designed only to ensure that the policyholder swallows the bait, without delving into the essence of the procedure and its legality.

It is important to remember: even in the case of existing payments under compulsory motor liability insurance, for unused time you are required to return the ENTIRE amount paid.

What to do if the insurance company does not cooperate

The company may refuse to accept the termination request, not comply with the client's request, or refuse to pay the balance. This doesn't usually happen, but the possibility exists.

In addition, the insurance company may “forget” to transfer money to the client’s account. Therefore, if within 14 calendar days the balance of the amount has not been transferred to your account, you should immediately go to the company’s office and find out the reason. There can be two of them: the payment got lost in the process (mistakes sometimes happen) or the insurer is deliberately stalling for time.

If the insurance company is opposed to termination and/or return of the remaining funds in the event of termination of the contract for good reason, several things should be done.

Contact the director of the company with a corresponding complaint. If this does not work, threaten with a complaint to the Association of Insurers and a lawsuit. Usually this is enough. If the company continues to be stubborn, it should move on to more drastic measures.
Write or contact personally the Russian Union of Insurers (RUA). The Association regulates the activities of insurance companies, monitors their functioning and takes appropriate measures in case of illegal or unethical activities. Let's just say that when the Association orders you to return your money, the insurance company will return it if it values its reputation and membership in the Association.
You can also file a lawsuit. But, as mentioned above, it is usually enough just to intimidate the insurer with a claim. It is unlikely that a deliberately losing lawsuit would be in the interests of the company. Unless she's on the verge of bankruptcy.

When contacting the RSA or the court, you should attach copies of the documents you submitted - MTPL policy, payment receipts, applications. This will significantly simplify and speed up the procedure for considering the case.

The insurance company also has the right to terminate the agreement if it has compelling reasons. Such reasons include the client’s suspicion of fraud, provision of false or incomplete data when concluding a contract, and other violations stipulated by law.

Video about how to return money for compulsory motor liability insurance:

Questions regarding concluding a compulsory motor liability insurance agreement

Article 17 of the Law on Compulsory Motor Liability Insurance establishes compensation for disabled people who have paid an insurance premium under a compulsory motor liability insurance agreement in the amount of 50% of the insurance premium. Compensation is carried out by government authorities after payment of the insurance premium. In addition, state authorities of the constituent entities of the Russian Federation and local governments have the right to establish other categories of citizens who receive partial or full compensation for the paid insurance premium.

Also, citizens have the right to enter into an MTPL agreement taking into account the limited use of the vehicle (for example, for the purpose of using the vehicle only in the summer), which entails a significant reduction in the amount of the insurance premium.

In accordance with Article 445 of the Civil Code of the Russian Federation, an insurance company has the right to consider an application for concluding an MTPL agreement within 30 days from the date of its receipt.

In this case, the policyholder has the right to conclude a compulsory motor liability insurance agreement in electronic form. The process of drawing up this agreement is structured in such a way that the MTPL policy is sent to the policyholder immediately after payment.

In accordance with clause 1.7. MTPL Rules When concluding a MTPL contract, the insurer has the right to inspect the vehicle. The place for inspection of the vehicle is established by agreement of the parties. If no agreement is reached regarding the place of inspection of the vehicle or in the case of concluding an electronic MTPL agreement, the insurer will not conduct an inspection of the vehicle.

RSA, being the operator of AIS OSAGO, takes all necessary measures to protect personal data from unauthorized or accidental access to it, and also strictly adheres to the protection regimes and processing of received information. And RSA does not give anyone the personal data of persons whose information is contained in the AIS OSAGO, including full name and telephone number. Thus, the information that the data was obtained from AIS OSAGO is not true, and the agents received your phone number from other sources, not from RSA.

Questions about amending the MTPL agreement

To make changes to the MTPL agreement, the policyholder must submit a corresponding application to the office of the insurance company with which the MTPL agreement was concluded.

The insurer, in turn, makes changes to the MTPL insurance policy, as well as to the automated compulsory insurance information system (AIS MTPL) no later than five working days from the date of changes to the insurance policy.

In this case, changes to the insurance policy are recorded by making an appropriate entry in the “Special Notes” section indicating the date and time of making the changes and certifying the changes with the signature of the insurer’s representative and the insurer’s seal or by issuing a reissued (new) MTPL insurance policy within two working days from the date return by the policyholder of a previously issued insurance policy. Also, a re-issuance note is made on the new policy indicating the date and number of the re-issued (old) policy.

Questions regarding termination of the MTPL agreement

According to clause 1.14 of the MTPL Rules, changing the owner of a vehicle is one of the cases when the policyholder has the right to terminate the MTPL agreement early.

Based on clause 1.16 of the MTPL Rules, the insurer returns to the policyholder part of the insurance premium in the amount of its share intended for insurance compensation and falling on the unexpired term of the compulsory insurance contract or the unexpired period of seasonal use of the vehicle (period of use of the vehicle).

In accordance with Art. 8 and paragraph 4 of Art. 10 of the Law on OSAGO, the share of the insurance premium directly intended for making insurance and compensation payments cannot be less than 80% of the insurance premium. In case of early termination of the MTPL agreement in cases provided for by the MTPL Rules, the insurer returns to the policyholder part of the insurance premium in the amount of the share of the insurance premium intended for making insurance payments and falling on the unexpired term of the MTPL agreement.

Moreover, in accordance with the Directive of the Bank of Russia on tariffs for compulsory motor liability insurance:

1) 77% of the insurance premium goes to the formation by the insurer of insurance reserves intended directly for making current insurance payments;

2) 3% of the insurance premium goes to the formation of RSA funds for making compensation payments;

3) 20% of the insurance premium under a compulsory insurance contract goes to cover the costs of the insurance organization associated with the conclusion and maintenance of MTPL contracts.

Thus, 23% of the insurance premium is not included in the calculation for the return of the insurance premium upon early termination of the MTPL contract. How to terminate the MTPL contract and receive funds for the unused period when the insurer’s license is revoked?

To terminate the MTPL agreement, you must contact the insurer with whom you have entered into an agreement. In accordance with clause 1.16 of the MTPL Rules, in this case, the insurer returns to the policyholder part of the insurance premium in the amount of its share intended for insurance compensation and falling on the unexpired term of the compulsory insurance contract or the unexpired term of the seasonal use of the vehicle (the period of use of the vehicle).

The date of early termination of the MTPL agreement is the date the insurer receives a written application from the policyholder for early termination of such an agreement and documentary evidence of the fact that served as the basis for the early termination of the agreement.

Having an MTPL insurance policy is a mandatory requirement for all car owners.

Using a vehicle without insurance is prohibited - the driver will be fined for this.

However, in some cases an already issued policy becomes unnecessary for the policyholder, as a result of which he can return the money spent on it back.

What kind of cases are these and what the refund procedure looks like - consideration of these issues will be of interest to all car owners.

Early termination of the MTPL agreement and refund of money for an unnecessary policy

OSAGO rules, according to which the car insurance procedure takes place, allow for the possibility of termination of the contract before the set time.

The client can do this at any time, without even explaining the reasons that prompted him to do so.

However, in this case, all he paid for insurance money will not be returned and will remain with the insurance company.

To return part of the amount paid for the policy that was not used by the policyholder, you must provide the company with documents confirming the reasons for this.

The grounds for a return must be compelling - the most common ones are enshrined in law.

It will not be possible to return money for insurance in the following cases:

It is also impossible to return money in some cases of company liquidation - if it occurs due to bankruptcy.

In this situation a legal entity is declared insolvent, so he may simply not have enough money to pay off all his obligations.

In what cases can you return part of the money for compulsory motor liability insurance?

If there are valid reasons, the policyholder can easily return the money for the unused portion of the policy.

The most common reasons for a return are:

When selling a car, it is not necessary to terminate the contract and receive part of the insurance premium back.

As an alternative, you can sell the vehicle along with insurance - include the policy in the price of the car.

In this case, the insurance company will only need re-register the contract to the new owner and, if necessary, pay part of the money for the policy (if, for example, his driving experience is less than that of the previous owner).

The choice of refund method lies entirely with the policyholder.

Calculation of the amount to be returned

The amount that the policyholder can receive back depends on two factors: insurance amount and number of months remaining until the end of its use.

The calculation of the amount is as follows:

B = (PS – 23%) * (n/12), Where:

IN– amount to be returned,
PS– full cost of the policy,
n– the number of months remaining until the end of the insurance period.

As for the value of 23%, it consists of two elements:

3% of the policy cost is paid to RSA;
20% goes to payment of business expenses(documentation, employee salaries, etc.).

This part of the money is often taken from the policyholder, but not everyone agrees with this.

Many clients go to court and try to prove that charging 23% is illegal.

Most court decisions in this case are positive, since there are no clear instructions in the legislation regarding the mandatory nature of such deductions.

Who can receive money upon termination of compulsory motor liability insurance?

The recipient of the unused insurance value depends on what is the basis for termination of the contract.

The following persons can get their money back:

In cases where legal representatives apply for money, they must have a general power of attorney has been issued(on behalf of the owner or policyholder).

A prerequisite for such a power of attorney is the presence in it of an indication of the possibility of conducting transactions with funds.

Refund deadlines

In accordance with the rules of MTPL insurance, the money for the policy must be returned to the client no later than 14 days after submitting the application.

In some cases, money is given immediately after application - in cash at the cash desk.

In other companies, they can be transferred to a bank account within a specified time.

If a company violates deadlines and does not transfer money, even after repeated requests, the policyholder can sue her.

Among the necessary documents, it is worth preparing copies of the MTPL policy, payment receipts and an application for a refund.

Required documents and procedure

To return the cost of the policy to the policyholder you need to go to the insurance company with a package of supporting documents.

They can be divided into two groups.

Universal

Provided in any case, regardless of the reasons for the return.

These include:

a copy of the insurance policy;
copies of pages of the policyholder's passport;
receipt for payment of the policy.

Special

They confirm the weight of the reason for terminating the contract.

It could be:

Both copies and originals of these documents are required.

With the help of a company employee, the policyholder can write a statement of termination of the contract (indicating the reason) and attach the necessary documents to it.

The money must be returned within the specified time.

Is it always worth terminating an MTPL agreement?

Terminating the insurance contract and receiving the remaining amount of money is not advisable in all cases.

For policyholders who will still take out new insurance and use the car in the future, it may be more profitable to wait until the end of the contract.

This is especially true in cases where the policy is about to expire.

The benefit is that as an incentive For accident-free driving, the driver is awarded KBM(bonus coefficient - malus), thanks to which you can get a discount on the next policy.

The discount will be increased only if the contract lasts for a year - if terminated early, the KBM rate will not change in any way.

In conclusion, it is worth noting that:

All drivers have the right to early termination of the MTPL agreement, regardless of the grounds and reasons for this.
You can get back part of the paid insurance only in legally established cases: when the owner of the vehicle changes, after his death or as a result of the destruction of the car.
In case of early termination, the right to a reduction to the KBM policyholder is lost - its value remains the same.

4 comments

There is a problem with the introduction of the OSAGO or motor vehicle regulations. The car, does it have citizenship? The driver has citizenship, so he must take out insurance, as if taking an oath not to violate traffic rules. It is necessary to oblige all drivers to have a compulsory motor insurance policy, even if he does not have a car, but can use it at any time, for example, borrow it from a friend. I've encountered this abroad. But the insurance must indicate not the data of the car, but only the engine power that the driver can operate. As in water transport, where navigators are allowed to operate a vessel of a certain power. Is the idea clear? You just need to work it out. Now for drivers who have several cars, one insurance policy should be issued for the most powerful car. Why? Yes, because one driver cannot drive all the cars he has at the same time. They can answer that if you bought several cars, then you can buy insurance. But please, buying a car is one thing, but insurance is another matter. You may not have cool cars, but a small car is good for the city, a Niva is good for fishing. Many of us have driver's licenses, but do not have cars and are covered by insurance. And so there will be additional contributions to eliminate the consequences of accidents

When refunding money for insurance in these cases, including when selling a car, the actual remaining period of insurance is taken into account. So the relevance of terminating the contract is high only at the beginning of the term, losing meaning with each passing month.

It reaches the point of complete absurdity, the husband does not have a bank account, and the insurance company is not paid in cash and cannot transfer it to the account, for example, the wife, even at my application with the specified bank details of the wife, a general power of attorney is needed, for which you need to pay 2000 rubles, the balance OSAGO package 1700 rubles. Meaning?!

After the termination of the contract with the insurance company due to the sale of the car, the KBM was increased. They explained that early termination of the contract is equivalent to an accident when the participant is in the wrong. When concluding a new contract with JSC Nadezhda, the maximum coefficient was assigned to the new car.

Termination of a motor vehicle liability contract is the termination of obligations both on the part of the car owner and on the part of the insurer. The policy can be terminated early. This can happen either at the initiative of the policyholder or at the initiative, and after this procedure, all obligations are removed from both sides. Termination of the policy is regulated by the following laws:

In these laws and regulations you can find the position of each party, as well as the legal grounds for its termination. Before the expiration of the MTPL policy, it can be terminated under certain circumstances described below.

At the initiative of the policyholder

When changing the owner of the vehicle (in connection with a purchase and sale agreement, gift or exchange, but not a general power of attorney).
When disposing of a vehicle.
In the event of the death of a car as a vehicle (as a result).
Upon the death of the owner or policyholder of the vehicle.
When a car is stolen.
Upon liquidation of a legal entity that was the owner of the vehicle.

In some cases, the insurance company refuses to terminate the contract, for example:

upon deprivation of the driver's right to drive a vehicle;
when the driver refuses to drive the vehicle (age, health problems, etc.).

Very often, drivers go to court regarding the refusal to terminate, based on the reason for refusal or deprivation of rights, but judicial practice shows that in most cases, the court takes the side of the insurance companies, not satisfying the insured's claim.

At the initiative of the insurer

If incorrect information is identified that affects the level of insurance risk.
When identifying counterfeit documents submitted at .

The insurance contract is terminated when one of the above conditions occurs, but as practice shows, less than half of people resort to the procedure for canceling insurance obligations. This is due to the lack of awareness of the citizens of our country with such a procedure and the procedure for its implementation.

Those same motorists who knew about this procedure resorted to its implementation, thereby returning their money for the period of non-use of insurance. Insurance funds are returned in all of the above cases. The possibility of obtaining insurance is excluded if the legal entity is liquidated. Also in case of termination at the initiative of the insurer.

Where to begin?

People who decide to terminate simply do not know where to start. The first thing you need to do is collect a package of documents.

The package of documents for terminating the insurance contract includes:

OSAGO policy (original).
Application for termination of insurance obligations.
Applicant's passport.
Receipts and checks that confirm payment of the cost of the policy and insurance premiums.

The insurance company has the right to require additional documentation, namely:

The purchase and sale agreement for the vehicle for which the policy was issued.
Death certificate (copy).
A vehicle disposal certificate or a certificate stating that it cannot be restored.

This list is incomplete; check with your insurance company for the exact list of additional documentation. This can be done in person, by phone or online.

The procedure for terminating the contract is as follows:

How is the compensation amount calculated?

Necessary documents for selling a car:

Passport of a citizen of the Russian Federation (car owner).
Car purchase and sale agreement.
OSAGO policy (original).
Registration certificate of the car of the new owner (not all companies require).
Checks and receipts for regular payments.

If the company does not issue cash, but works with electronic transfers, then an additional document will be the bank account number to which the compensation will be transferred.

Before contacting your insurance company, consult with an experienced attorney., who has dealt with similar situations. This step will help you avoid negative aspects and subsequent contact with the insurance company.

If the driver sold his car, the sooner he contacts the insurance company with an application to terminate the contract, the greater the amount of compensation he will receive. This is due to the fact that the calculation of the balance for the MTPL policy is made from the day the documents are submitted, and not when a decision is made on them.

For example, if a car was sold in September, but the car owner submitted an application only in November, then he will not receive payments for September and October.

In the event of the death of the owner of the car, the date of death will be the expiration date of the contract, regardless of when the documents were submitted to the insurance company.

Procedure

If, due to certain circumstances (they are listed above in the article), the policyholder decided to terminate the contract with the insurance company, then he should come with a package of documents to the insurance company and write an application to terminate the insurance contract.

The application for termination of the insurance contract must contain the following information:

name of the insurance company;
personal data of the policyholder (passport details, place of registration, full name);
MTPL policy number;
specific reasons for refusal;
request for refund;
method (cash, electronic transfer);
list of documents attached to the application.

The application can be sent by mail, but subject to a preliminary call to the office of the insurer, after which you can send the application and documents by registered mail with acknowledgment of receipt.

Required documents for sending documents by registered mail:

applicant's passport;
OSAGO policy in the original;
a receipt or check for payment of the cost of the policy;
other documents, the list of which depends on the reason for termination.

If the cause is the death of the owner, then it is necessary to present a copy of the death certificate, as well as documentation that confirms the relationship of the deceased and the applicant.

If the reason is the disposal of the vehicle, then an additional document will be a vehicle disposal certificate issued by the traffic police. In case of impossibility (for example, when), an expert’s opinion “on the impossibility of restoring the vehicle” is attached to the main package of documents.

If a car is stolen, it is necessary to submit a decision of the authorized body “to initiate a criminal case regarding the theft of a vehicle.” Selling a vehicle involves submitting a sales contract to an insurance company.

Refusal of additional services

Most insurance companies, when selling a compulsory motor liability insurance policy, try to impose. These include:

Insurance of movable and immovable property. In this case, various situations are taken into account, ranging from car theft to flooding.
Passenger health and life insurance. This is one of the most expensive services provided by insurance companies, which rarely justifies itself.
Additional services. This includes the provision of a free lawyer in case of an accident, an emergency commissioner visiting the scene of an accident, as well as the provision of a free tow truck in case of an accident.

Insurance companies cleverly impose such services, giving the client a bunch of arguments about their benefits. If you have included these services in your insurance, you can refuse them.

Since the beginning of 2018, a law of the Central Bank of the Russian Federation has come into force, which obliges insurance companies to return the money spent by policyholders on voluntary insurance. The refund period is 14 days from the date of conclusion of additional services.

This time (2 weeks) is called the cooling period, during which the insurance company is obliged to return the funds. An exception is the situation if an insured event occurs during the cooling period.

In order to terminate additional insurance, you will need the following documents:

application for refund (in two copies);
applicant's passport;
vehicle registration certificate (copy);
MTPL agreement (copy);
additional insurance agreement (copy);
current account number (if payment will be made by bank transfer).

After collecting the necessary documentation, the procedure will be as follows:

Contact your insurance company and get an application form from them.
Fill out the application and attach a package of documents to it.
Submit your application and package of documents to the insurance company, insisting on registering your application as an incoming document.
On the second application form, which remains with the policyholder, a note is made indicating acceptance of the documents for execution.

You can return the full amount paid for additional insurance within 14 days, after which the amount will decrease every month.

Deadlines and costs

If the driver has collected and submitted a complete package of documents, then the insurance company must return the money for termination of both the MTPL policy and additional insurance within 14 days from the date of filing the application.

If this does not happen, then 1% of the refund amount is automatically charged in favor of the policyholder. The calculation of the balance of the OSAGO policy includes 23%. These funds are used to pay for the services of the insurance company and the contribution to the Union of Russian Insurers. This 23% will definitely be withheld from the amount that will be returned to you upon termination of the contract (see the article above for the procedure for calculating the balance of funds).

Conclusion

Early termination of a compulsory motor liability insurance agreement is not a myth, but a reality. This action is regulated by the regulatory legal acts of the Russian Federation. But it is worth considering that it is not possible in all cases to return money for the unexpired period of using the insurance.

If you decide to sever your relationship with the insurance company due to certain circumstances, then carefully study this article, in which you will find answers to all your questions about early termination of obligations with the insurer.